Title ENV, Environmental Conservation

§ 49-0203. State land acquisition policy.\n 1. The purpose of the land acquisition program of the department and\nthe office is to provide for the conservation, protection, and\npreservation of open space, natural, historic and cultural resources and\nthe enhancement of recreatio…

§ 49-0205. Comprehensive inventory of lands having statewide or regional\n significance.\n 1. In order to help provide a basis for a strategy for the\npreservation of land resources in the state and the preparation of the\nstate land acquisition plan, the department and the offic…

* § 49-0207. State land acquisition plan.\n 1. The department and the office shall prepare a state land\nacquisition plan to guide selection of projects for state acquisition\ntaking into account regional advisory committee priorities and the\ndepartment's and office's assessment…

§ 49-0209. Regional advisory committees.\n 1. There are hereby established regional advisory committees in each\nof the department's regions to provide the department and office with\nadvice and recommendations from the public on the implementation of the\nland acquisition progra…

§ 49-0211. State land acquisition advisory council.\n 1. The council shall consist of seven members: the commissioner of\nenvironmental conservation and the commissioner of parks, recreation and\nhistoric preservation, and the following officials or their designees:\nthe governor…

§ 49-0213. Annual report.\n No later than January thirty-first, nineteen hundred ninety-one, and\non an annual basis thereafter, the commissioners shall report on the\ndepartment's and the office's land acquisition activities, including:\n 1. lands acquired, whether in fee title …

§ 49-0215. Annual budget request.\n The commissioners' annual budget request for land acquisition\nreappropriations shall include an itemization of contracts obligated\nfrom such appropriations as of the date of such submission.\n

§ 49-0301. Declaration of policy and statement of purpose.\n The legislature hereby finds and declares that in order to implement\nthe state policy of conserving, preserving and protecting its\nenvironmental assets and natural and man-made resources, the\npreservation of open spa…

§ 49-0303. Definitions.\n When used in this title:\n 1. "Conservation easement" means an easement, covenant, restriction or\nother interest in real property, created under and subject to the\nprovisions of this title which limits or restricts development,\nmanagement or use of su…

§ 49-0305. Conservation easements; certain common law rules not\n applicable.\n 1. A conservation easement may be created or conveyed only by an\ninstrument which complies with the requirements of section 5-703 of the\ngeneral obligations law and which is subscribed by the grante…

§ 49-0307. Procedures for modifying or extinguishing conservation\n easement.\n 1. A conservation easement held by a not-for-profit conservation\norganization may only be modified or extinguished:\n (a) as provided in the instrument creating the easement; or\n (b) in a proceeding…

§ 49-0309. Scope of this title.\n This title shall not affect any interests or rights in real property\nwhich are not conservation easements, and shall not affect the rights of\nowners to convey any interests in real property which they could now\ncreate under existing law withou…

§ 49-0311. Severability.\n The provisions of this title shall be severable, and if any clause,\nsentence, paragraph, subdivision or part of this title shall be adjudged\nby any court of competent jurisdiction to be invalid, such judgment\nshall not affect, impair or invalidate th…

§ 49-0501. Designation of geoparks and other sites.\n 1. For the purposes of this title, a "geopark" is an area or territory\nof the state encompassing one or more sites of scientific importance,\nfor not only geological reasons but also by virtue of their\narchaeological, ecolog…

§ 49-0503. Establishment of state geological trail.\n 1. The commissioner, in cooperation with the commissioners of\ntransportation and economic development, shall establish a state\ngeological trail to include the areas, territories and sites designated\nby the commissioner purs…

§ 49-0505. State geological planning and advisory council.\n 1. For the purposes of this title, "advisory council" means the state\ngeological planning and advisory council established pursuant to this\nsection.\n 2. There shall be established within the department the state\ngeo…

§ 51-0101. Definitions.\n As used in this article the following terms shall mean and include:\n 1. "Commissioner" shall mean the commissioner of environmental\nconservation except that within and for the purposes of title eleven of\nthis article, the commissioner of parks and rec…

§ 51-0103. Allocation of moneys.\n The moneys received by the state from the sale of bonds pursuant to\nthe environmental quality bond act of nineteen hundred seventy-two shall\nbe expended pursuant to appropriations, in the following amounts and (a)\nfor deposit in the water pol…

§ 51-0105. State assistance application procedure.\n 1. A municipality upon the recommendation of its governing body may\nsubmit an application for state assistance toward the cost of any\nproject which is eligible for state assistance pursuant to this article\nto the commissione…

§ 51-0107. Powers and duties of the commissioner.\n In administering the provisions of this article, the commissioner:\n 1. shall make an itemized estimate of funds or appropriations required\nannually for inclusion in the executive budget.\n 2. may in the name of the state as fu…

§ 51-0109. Powers and duties of a municipality.\n A municipality shall have the power and authority to:\n 1. undertake and carry out any project for which state assistance is\nreceived or to be received pursuant to this article and maintain and\noperate such project.\n 2. expend …

§ 51-0303. Definitions.\n As used in this title, the following terms shall mean and include:\n 2. "Construction". The erection, building, acquisition, alteration,\nreconstruction, improvement or extension of sewage treatment works; the\ninspection and supervision thereof; and the…

§ 51-0305. Contracts for water quailty improvement projects.\n 1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities having power to construct, operate and\nmaintain sewage treatment works, and any such municipality may enter\ninto a contrac…

§ 51-0501. Allocation of moneys.\n The moneys received by the state from the sale of bonds pursuant to\nthe environmental quality bond act of nineteen hundred seventy-two shall\nbe expended in the following amounts pursuant to appropriation therefor:\n 1. For state air quality im…

§ 51-0503. Definitions.\n As used in this title, the following terms shall include and mean:\n 1. "Air quality improvement project." a. The upgrading of an existing\nincinerator, furnace or boiler and appurtenances thereto owned and\noperated by the state or a municipality, or\n …

§ 51-0505. Appoval of projects.\n 1. Air quality improvement projects shall be undertaken pursuant to\nthis title only with the approval of the commissioner, and in the case\nof municipal projects, pursuant to an approved contract for state\nassistance.\n 2. In reviewing projects…

§ 51-0507. Contracts for municipal air quality improvement projects.\n 1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities to undertake air quality improvement\nprojects, and any such municipality may enter into a contract with the\ncommis…

§ 51-0701. Allocation of moneys.\n The moneys received by the state from the sale of bonds sold pursuant\nto the environmental quality bond act of nineteen hundred seventy-two\nshall be expended pursuant to appropriations therefor in accordance with\nthe following allocations, su…

§ 51-0703. Definitions.\n As used in this title, the following terms shall mean and include:\n 1. "Forest Preserve Project." A state project to acquire lands as\nadditions to the forest preserve within the Adirondack and Catskill\nParks.\n 2. "Wetlands Preservation Project." A st…

§ 51-0705. Approval and execution of state projects.\n 1. State forest preserve, stream rights acquisition, wetlands\npreservation or restoration, unique area preservation, and public access\nto state lands projects shall be undertaken pursuant to this title only\nwith the approv…

§ 51-0709. Approval of municipal wetlands restoration projects.\n 1. A municipal wetlands restoration project shall be undertaken\npursuant to this title only with the approval of the commissioner, and\npursuant to an approved contract for state assistance.\n 2. In reviewing appl…

§ 51-0711. Contracts for municipal wetlands restoration projects.\n 1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities owning wetlands, and any such municipality\nmay enter into a contract with the commissioner. Any such contract may\ninc…

§ 51-0713. Restriction of alienation of wetlands.\n Any wetlands acquired or restored in part or in whole with state\nmoneys pursuant to this title shall not be sold, leased or otherwise\ndisposed of or used for any purpose inconsistent with the character or\nvalue of such wetlan…

§ 51-0901. Allocation of moneys.\n Of the moneys received by the state from the sale of bonds pursuant to\nthe environmental quality bond act of nineteen hundred seventy-two, one\nhundred seventy-five million dollars ($175,000,000) shall be expended\npursuant to appropriations th…

§ 51-0903. Definitions.\n As used in this title, the following terms shall mean and include:\n 1. "Solid Waste." All materials or substances discarded or rejected as\nbeing spent, useless, worthless or in excess to the owners at the time\nof such discard or rejection, including b…

§ 51-0905. Approval of municipal solid waste management projects.\n 1. Municipal solid waste recovery and management projects shall be\nundertaken pursuant to this title only with the approval of the\ncommissioner, and pursuant to an approved contract or contracts for\nstate assi…

§ 51-0907. Contracts for municipal solid waste management projects.\n 1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities which may include such provisions as may\nbe agreed upon by the parties thereto, and shall include, in substance,\nth…

§ 51-1101. Allocation of moneys.\n The moneys received by the state from the sale of bonds sold pursuant\nto the environmental quality bond act of nineteen hundred seventy-two\nshall be expended in the following amounts pursuant to appropriations\ntherefor:\n 1. For metropolitan …

§ 51-1103. Definitions.\n As used in this title, the following terms shall mean and include:\n 1. "Metropolitan Park Project." A state project to provide new and\nexpanded public recreational opportunities in or near an urban\npopulation center to relieve serious overcrowding and…

§ 51-1105. Approval and execution of projects.\n 1. Metropolitan park, open space preservation, waterway, and trailway\nprojects shall be undertaken pursuant to this title only with the\napproval of the commissioner.\n 2. Such projects as have been approved by the commissioner sh…

§ 52-0101. Definitions.\n As used in this article the following terms shall mean and include:\n 1. "Commissioner" means the commissioner of environmental conservation\nexcept that within and for the purposes of title nine of this article,\nthe term shall mean the commissioner of …

§ 52-0103. Allocation of moneys.\n The moneys received by the state from the sale of bonds pursuant to\nthe environmental quality bond act of nineteen hundred eighty-six shall\nbe expended in the following amounts pursuant to appropriations and as\nspecifically provided for in ti…

§ 52-0105. State assistance application procedure for title three of\n this article.\n 1. A municipality upon the recommendation of its governing body may\nsubmit an application for state assistance toward the cost of a project\nwhich is eligible for state assistance pursuant to …

§ 52-0107. Powers and duties of the commissioner for title three of this\n article.\n In administering the provisions of title three of this article, the\ncommissioner:\n 1. shall make an itemized estimate of funds or appropriations by\nproject required annually for inclusion in …

§ 52-0109. Powers and duties of a municipality.\n A municipality shall have the power and authority to:\n 1. undertake and carry out any project for which state assistance in\nthe form of a grant is received or is to be received pursuant to this\narticle and maintain and operate …

§ 52-0111. Equal employment opportunity program.\n 1. All contracts for design, construction, services and materials\npursuant to this article of whatever nature and all documents soliciting\nbids or proposals therefor shall contain or make reference to the\nfollowing provisions:…

§ 52-0113. Minority and women-owned business enterprise program.\n 1. a. In the performance of projects pursuant to this article minority\nand women-owned business enterprises shall be given the opportunity for\nmeaningful participation. The department or the office shall establi…

§ 52-0301. Projects; authorization and approval.\n The commissioner is authorized to directly develop and implement, and\nto cause and to approve development and implementation by municipalities\nor by other parties, of hazardous waste site remediation projects\nconsistent with t…

§ 52-0303. Contracts with municipalities.\n With respect to a project which the commissioner has determined\npursuant to paragraph g of subdivision five of section 27-1313 of this\nchapter to be eligible for funding, funding by the state shall be up to\nan amount of seventy-five …

§ 52-0701. Approval and execution of state projects.\n 1. State environmentally sensitive land projects and forest preserve\nprojects shall be undertaken pursuant to the provisions of this article\nonly with the approval of the commissioner.\n 2. The commissioner shall make an it…